Here you will find the terms and conditions for the use of the Izimi platform. These Terms apply to any access or use of the Izimi platform and/or the Services that are provided on or through this platform.
1. Definitions
- Administrator: Fednot is the organization responsible for the management of the Izimi platform.
- Content: All the information, documents and/or (structured) data that the User up-/ downloads, consults, receives, uses or shares on the Izimi platform and/or in his Digital Safe.
- Device: an instrument belonging to the User which allows the User to access the Izimi platform or the mobile application and the Services.
- Digital safe: a virtual safe where a User can add, receive, store, view and share information, documents and/or (structured) data.
- Fednot: the non-profit organization “Royal Federation of the Belgian Notarial profession”, listed in the Crossroads Bank for Enterprises under number 0409.357.321, registered at 1000 Brussels, Bergstraat 30-34.
- Holder: the natural person, legal person, government, authority or public institution who is entitled to use or distribute a document and/or data.
- Intellectual Property Rights: All intellectual property rights, whether registered or not, including but not limited to patents and patent applications, copyrights, database rights, trademark rights, service brands, illustrations and logos, rights attached to software, as well as all rights related thereto, including but not limited to rights of use, renewal, filing and implementation.
- Izimi platform: a digital platform accessible via a secure website or a mobile application, established and managed by the Administrator and made available to Belgian notaries and citizens.
- Jailbreak: manipulation allowing the security of an iPhone device to be circumvented in order to use non-approved software.
- Partner: a third party that is either a supplier or subcontractor of the Administrator or either offers Services with the consent of the Adminstrator on or through the Izimi platform.
- Rooting: manipulation allowing to bypass the security of an Android device or other device in order to use non-approved software on it.
- Services: current and future services made available to the User through the Izimi platform or by the Administrator in connection with the Izimi platform.
- Terms : These terms and conditions.
- User: a natural person who accesses the Izimi platform and/or uses the Services.
All definitions may be used either in the singular or in the plural.
2. Subject and scope of application of the Terms
The purpose of the Terms is to determine the Terms applicable to Users who access the Izimi platform and the Services provided on it.
If the User does not agree with any provision of these Terms, he/she/them must refrain from accessing the Izimi platform or from using the Services.
The Terms apply to and are binding upon all Users, regardless of whether they solely visit the Izimi platform or use the (linked) Services.
3. Activation and access (registration and login)
The Izimi platform is accessible to persons over 18 years of age who hold the required legal capacity and who accept the Terms.
In order to access the Services on the Izimi platform, the User must register. The purpose of this registration is to identify the User to the Administrator. The data which are requested, are listed in the privacy policy.
The User has various means to register for the Izimi platform and will receive an e-mail after the registration to validate his/her/them e-mail address. This validation must be performed within a period of 24 hours.
Accurate and valid information and data must be provided by the User when registering. The User also ensures to systematically adapt his/her/them information and data so that they remain accurate and valid.
The User is responsible for the management of the login and identification data, as well as for any activity carried out using his/her/them account or login or identification data. He/she/they undertakes not to disclose his/her/them data and access codes to third parties.
The Izimi platform is accessible through the website www.izimi.be and the mobile applicable available in the official app stores.
4. Use
The User has the possibility through the Izimi platform to connect with other Users or third parties of his own choice and to share and receive information, documents and/or data. Each connection can be revoked by the User at any time.
The User shall bear the costs of acquiring, installing and operating his/her/them Devices and any other costs imposed by a third party, including the cost of internet access.
The use of the Izimi platform and the Services requires the use of compatible Devices and regular updates.
The User agrees to use the Izimi platform and the Services exclusively for the purposes allowed by these Terms and the legislation and regulations in force or generally accepted practice.
The User is responsible for the Content that he/she/they up- and downloads, shares, transmits or makes accessible through the Izimi Platform and/or the Services.
The User undertakes not to save, use or share any information, document or data that does not belong to him/her/them, except with the consent of the Holder. It is up to the User to obtain and prove the Holder’s consent.
The User shall refrain from:
- Using the connection and identification data of others;
- Using, saving or sharing information, documents or data which does not comply with the laws in force, which is threatening, offensive, dishonest, racist, disparaging, obscene or otherwise objectionable;
- Using, saving or sharing data concerning tools, materials or computer code intended to interrupt, hinder or restrict the operation of the Izimi platform and/or the Services or computer systems ;
- Abusing or taking advantage of a system bug;
- Using manipulated Devices, such as with Jailbreak or Rooting;
- Taking any action which is unlawful or inconsistent with the Terms;
- Taking any action that has a disruptive effect on other Users;
- Harming the rights of third parties;
- Hindering the security techniques implemented on the Izimi platform and/or the Services;
- Reproducing, copying, selling or exploiting in any way whatsoever all or part of the Izimi platform and/or the Services.
When the User becomes aware of such behaviour, he/she/they must notify the Administrator.
The Administrator reserves the right to impose limitations on the Content in order to limit the risks of improper or excessive use of the Izimi platform or a Service.
Some Services are/will be made available to the User, other Services depend on the User’s defined group or on the User’s acceptance of or compliance with additional terms.
The Partners of the Administrator are responsible for the information, documents and/or data which they upload, publish, transmit or make accessible on the Izimi platform or through the Services.
The Administrator may give the User instructions regarding the use of the Izimi platform and/or the Services for operational, quality and security reasons in particular. The User undertakes to follow these instructions.
The User is obliged to inform the Administrator immediately of any falsification or any other misuse of his/her/them means of access.
5. Digital safe
The registration on the Izimi platform activates the Digital safe that allows the User to up- and download, receive, use, share and/or save (structured) information, documents and/or data. The User is responsible for the sharing of the Content. The Administrator does not guarantee in any instance the security of the shared Content to or by third party channels and declines all liability.
The User may download the Content at any time. The entire Content of the Digital safe will then be made available to him/her/them.
The User undertakes to use the Digital safe only for personal purposes and in accordance with these Terms.
The Administrator does not make any guarantee with regards to the suitability of the Digital safe for certain purposes of the User.
The Administrator has the right to modify the functionalities and the terms of the Digital safe. Changes shall be announced per e-mail with a notice of at least five days. Users who do not agree may renounce to the use of the Digital safe.
The Administrator may, for economic reasons, discontinue the Digital safe. The Administrator shall inform the User by e-mail of its decision by giving at least three months’ notice. The Administrator may not be held liable for such a decision. The User is responsible for downloading the Content before the Digital safe is closed.
The Administrator reserves the right to impose restrictions on the Content but provides for a volume free of charge for each User, which will be no less than 1 GB (1.000 MB). The Administrator has the possibility to increase this volume. Any other additional volume requested by the User, if however possible for the Administrator to accommodate such request, will be subject to a cost. The Administrator will inform the User of the applicable terms and prices before the User is committed.
6. Maintenance and Operation
The Administrator may temporarily suspend all or part of the Izimi platform and/or the Services for maintenance and/or preventive, corrective or adaptive modifications. To the extent possible, any such suspension will be notified in advance.
The Administrator shall use all reasonable means to ensure the continuity of access to the Izimi platform and the Services provided.
The Administrator will take all reasonable steps to ensure that the Izimi platform and the Services are free from loss, corruption, attacks, viruses, intrusion, hacking or other security breaches.
The Administrator reserves the right, at any time and from time to time, to interrupt, limit, modify or discontinue the Service (or any part thereof) temporarily for a reasonable period of time.
When the Services are interrupted for all Users, the Users will be informed to the extent possible by means of a message published on the Izimi platform.
When the Services are interrupted for reasons beyond the Administrator’s control, the Administrator will take all reasonable steps to reduce the duration of the interruption as much as possible.
The Administrator always has the option to replace or discontinue the Izimi platform and/or one or more Services. In this case, the User will be able to terminate the use of the Izimi platform or Services free of charge.
For the provision of the Services, the Administrator may use Partners. The use of one or more Services may be subject to specific terms of use.
The Administrator will take the necessary precautionary measures to prevent any illicit use and to ensure the confidentiality of the Content of the User. The Administrator undertakes to notify the User of any known fraud. These notifications will be done by means of general or personal messages or by means of publications on the Izimi platform.
7. Liabilities
Unless expressly agreed otherwise, all commitments of the Administrator are commitments of means.
The Administrator will take all reasonable precautions to secure the safety of the Content of the User as well as the exchange thereof through the channels controlled by the Administrator.
The Administrator is not liable for (I) damage caused (in part) by incorrect, improper, incomplete, inopportune, negligent and/or unauthorised use of the Izimi platform, (II) damage that can be attributed to third parties such as, but not limited to, viruses, hacking and/or by the influence or functioning of third party software or systems, (III) damage resulting from the difficulty or impossibility of using or accessing the Izimi platform and/or the Services and (IV) damage resulting from the incorrect, incomplete or inaccurate nature of the websites, information, documents, data or any other material provided by third parties.
In addition, in no event shall the Administrator be liable for any immaterial, indirect or consequential damages, including, but not limited to, loss of profits, turnover, revenue, production, administrative costs, increased overheads, loss of data or claims of third parties to the fullest extent permitted by applicable law at the time of the harmful event.
The Administrator is not liable for the use by third parties of information, documents and/or data shared by the User.
Except in the event of fraud, willful misconduct or gross negligence by the Administrator, the Administrator’s liability may only be incurred for the compensation of foreseeable, direct and personal damage suffered by the User and shall in all cases be limited to the amounts of the insurance policy taken out by the Administrator or if there is no insurance coverage to a maximum amount of 500 euros.
The User bears the risk arising from the illicit use of his/her/them Devices and/or means of access that have been lost, stolen or misused.
The Administrator shall not be liable in any way if the User does not immediately have his/her/them account blocked after the loss, theft or misuse of his means of access and signature and/or his/her/them Device has been discovered.
The Administrator is not responsible for the quality or functioning of a Device, both for the hard- and software, nor for the telecommunications services or network of the User and consequently assumes no liability.
The Administrator cannot be held liable for the temporary unavailability of the Izimi platform, the mobile application and/or the Services due to maintenance or force majeure.
The User indemnifies the Administrator against any damage and claims by third parties in respect of (I) the Content up- or downloaded, used and/or shared by the User, (II) improper use of the Izimi platform and/or the Services and (III) acts or omissions by the User in breach of the Terms, other applicable terms and conditions or legal provisions.
8. Force majeure
If the Administrator is unable to perform his obligations under the Terms due to force majeure, the Administrator shall not be liable for any delay or failure to perform its obligations or for any damage which results or may result therefrom for the User.
Force Majeure means any circumstances beyond the reasonable control of the Administrator including, but not limited to, fire, explosions, power cuts, earthquakes, strikes, natural disasters, war, (cyber)terrorism, riots and occupations.
9. Modifications and new Services
The Administrator will announce any modification cancelling or substantially reducing a Service by e-mail with a prior notification of three months’ notice, if possible, before the modification comes into effect.
Any other changes will be communicated to the User by e-mail with a prior notification of at least five days’ notice.
The User has the right to renounce the use of the Izimi platform and/or the Services if he/she/they does not agree with the modifications. The User may do so at any moment.
The User is bound by the modifications if he/she/they continues to use the Izimi platform and/or the Services.
The Administrator has the right to add and offer additional Services to which the User may subscribe after having been informed of the main features, the terms and conditions and (where applicable) the price in accordance with the legal provisions.
10. Protection of personal data and cookies
The personal data collected and processed within the framework of the Services provided through the Izimi platform are processed in accordance with the personal data protection policy (privacy policy) which is accessible on the Izimi platform.
When accessing the Izimi platform, either through the website or the mobile application, the Administrator collects certain data relating to the User by means of cookies for the proper functioning of the Izimi platform.
Provided that the User authorises the Administrator, the Administrator may use non-functional cookies to adapt the Izimi platform to the User’s preferences.
The Administrator’s privacy policy and cookie policy are freely accessible on the Izimi platform.
11. Intellectual Property Rights
The Administrator is and remains the owner of all Intellectual Property Rights of and relating to the Izimi platform and the Services provided thereon. The Partners of the Administrator are the owner of their respective Intellectual Property Rights.
These Intellectual Property Rights extend to all documentation, information, publications and data provided by the Administrator and/or its Partners.
The Terms do not grant the User any right on these Intellectual Property Rights and do not imply in any way a transfer of these Intellectual Property Rights to the User.
The User obtains a personal, non-exclusive and non-transferable right of use for the duration of his/her/them use of the Izimi platform and/or the Services.
The User undertakes not to infringe the Intellectual Property Rights, nor to perform any other act which could in any way affect or have a negative impact on the Intellectual Property Rights or their value. This includes, but is not limited to, the prohibition for the User to reproduce, duplicate, copy, adapt, publish, translate, adapt, rent, exploit, commercialize, make available to third parties, or use the Izimi platform and the Services in any other way that is not compliant, both in its entirety and in parts, both in its original and modified version, for commercial and non-commercial purposes.
12. Suspension, exclusion and termination
The Administrator reserves the right to suspend or exclude any User from the Izimi platform and/or the Services that does not comply with the Terms, the applicable terms and conditions of Partners or that uses the Izimi platform and/or the Services for illicit or unauthorized purposes.
If the User jeopardizes the operation of the Izimi platform or the Services (including the related systems), the Administrator has the right to take all reasonable measures to protect the Izimi platform and the Services and this by operation of law, without prior formal notice and without warning or compensation.
The Administrator may terminate the relationship with the User upon three months’ notice.
The Administrator is entitled to suspend or terminate the use of the Izimi platform and the Services with immediate effect and without prior notice or compensation in the event of (I) severe or continuous non-compliance with the Terms or security instructions and procedures, (II) a request and/or order from a legal or judicial body, (III) unforeseen technical or security issues or problems or (IV) if the provision of a Service is or may become illegal.
Any party is entitled to terminate any relationship with immediate effect without prior notice or judicial intervention in the event of a serious breach.
The User may stop the use of the Izimi platform and one or more Services on the said platform at any time. The User must then delete his/her/them account on the platform and (if applicable) also remove the mobile application on any Devices.
The User is responsible for downloading the Content before deleting his/her/them account.
13. Death of a User
The Izimi platform allows the User to choose between different options as to what should happen to the Content of his/her/them Digital safe after his/her/them passing away. These options are described in the Frequently Asked Questions section (see FAQ ‘Wat gebeurt er na mijn overlijden met mijn kluis en met de inhoud?’). At any time, the User can change a previous choice.
The default option, which is also the default setting if the User does not make a choice or does not correctly complete another option, entails the closure of the Digital safe by the Administrator upon learning of the User’s death. The User’s heirs may in such case within a period of 24 months, instruct a notary in Belgium of their choice to transfer the Content of the deceased User’s Digital safe. This 24-month period expires at the time when a notary in Belgium is instructed by an heir to transfer the Content.
This period does not apply if the User chooses any other option.
As soon as the modalities of the applicable option have been fully executed, the Digital safe and any remaining Content will be destroyed.
If no transfer is requested during the period of 24 months, the Administrator may proceed to the destruction of the Digital safe and the Content after the expiry of that period.
14. Communication
By choosing the English language for the configuration and registration on the Izimi platform, the User agrees that all communication from the Administrator and its Partners shall be done in English.
The User agrees to receive communications, information and notifications on the e-mail address he/she/they provided when registering on the Izimi platform and to read and monitor them.
15. Helpdesk, complaints and notifications
Any functional or technical question relating to the Izimi platform may be addressed by the User to the Administrator’s helpdesk department.
The helpdesk department is available from 8:00 am to 8:00 pm (working days only) on the number 02.505.08.80.
All notifications and complaints can be submitted to the Administrator. They may be sent to one of the following addresses:
Fednot vzw, Bergstraat 30-34 at 1000 Brussels
16. General provisions
If any provision (or any part thereof) of the Terms is unenforceable or contrary to any mandatory or public policy provision, it shall not affect the validity and enforceability of the remaining provisions of the Terms, nor the validity and enforceability of that part of the provision concerned which is binding or does not contravene any mandatory or public policy provision. The relevant provision (or part thereof) will, as far as possible, be reduced to what is legally permissible.
The Administrator reserves the right to amend these Terms. Such amended Terms will be brought to the attention of the User by a prior e-mail.
The Administrator and its Partners may give notice of a Service, including changes to the specific terms and conditions, by publication thereof on the Izimi platform and/or on by e-mail.
If a party does not exercise or maintain any right or provision of the Terms, this shall not be construed as a declaration of waiver of such right or provision or any other rights or provisions.
Except as otherwise expressly provided in the Terms, no rights may be asserted by third parties under the Terms.
Nothing contained herein shall be construed as a transfer of any interest, title or license.
The User may not assign its rights and obligations under the Terms to any third party. The Administrator reserves the right to assign rights and obligations under the Terms to a third party.
The Terms are subject to Belgian law, which governs all aspects of the Terms.
Any dispute relating to the acceptance, interpretation or execution of the Terms and, more generally, any dispute relating to the Izimi platform and the Services which cannot be resolved amicably, shall be submitted to the courts of Brussels, except where the law imposes a binding rule of jurisdiction.
